84.129 REHABILITATION LONG TERM TRAINING
34 CFR PARTS 385, 386
TITLE III, SEC 301, 302
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.1]
[Page 417-418]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart A_General
Sec. 385.1 What is the Rehabilitation Training program?
Subpart A_General
Sec.
385.1 What is the Rehabilitation Training program?
385.2 Who is eligible for assistance under these programs?
385.3 What regulations apply to these programs?
385.4 What definitions apply to these programs?
ubpart B [Reserved]
Subpart C_How Does One Apply for a Grant?
385.20 What are the application procedures for these programs?
[[Page 418]]
Subpart D_How Does the Secretary Make a Grant?
385.30 [Reserved]
385.31 How does the Secretary evaluate an application?
385.33 What other factors does the Secretary consider in reviewing an
application?
Subpart E_What Conditions Must Be Met by a Grantee?
385.40 What are the requirements pertaining to the membership of a
project advisory committee?
385.41 What are the requirements affecting the collection of data from
designated State agencies?
385.42 What are the requirements affecting the dissemination of training
materials?
385.43 What requirements apply to the training of rehabilitation
counselors and other rehabilitation personnel?
385.44 What requirement applies to the training of individuals with
disabilities?
385.45 What additional application requirements apply to the training of
individuals for rehabilitation careers?
385.46 What limitations apply to the rate of pay for experts or
consultants appointed or serving under contract under the
Rehabilitation Training program?
Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise noted.
Source: 45 FR 86379, Dec. 30, 1980, unless otherwise noted.
(a) The Rehabilitation Training program is designed to--
(1) Ensure that skilled personnel are available to provide
rehabilitation services to individuals with disabilities through
vocational, medical, social, and psychological rehabilitation programs,
through supported employment programs, through independent living
services programs, and through client assistance programs;
(2) Maintain and upgrade basic skills and knowledge of personnel
employed to provide state-of-the-art service delivery systems and
rehabilitation technology services; and
(3) Provide training and information to individuals with
disabilities, the parents, families, guardians, advocates, and
authorized representatives of the individuals, and other appropriate
parties to develop the skills necessary for individuals with
disabilities to access the rehabilitation system and to become active
decisionmakers in the rehabilitation process.
(b) The Secretary awards grants and contracts to pay part of the
costs of projects for training, traineeships, and related activities,
including the provision of technical assistance, to assist in increasing
the numbers of qualified personnel trained in providing rehabilitation
services and other services provided under the Act, to individuals with
disabilities. Financial assistance is provided through six categories of
training programs:
(1) Rehabilitation Long-Term Training (34 CFR part 386).
(2) Experimental and Innovative Training (34 CFR part 387).
(3) State Vocational Rehabilitation Unit In-Service Training (34 CFR
part 388).
(4) Rehabilitation Continuing Education Programs (34 CFR part 389).
(5) Rehabilitation Short-Term Training (34 CFR part 390).
(6) Training of Interpreters for Individuals Who Are Deaf and
Individuals Who Are Deaf-Blind (34 CFR part 396).
(Authority: Secs. 301 and 302 of the Act; 29 U.S.C. 770 and 774)
[59 FR 8344, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.2]
[Page 418]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart A_General
Sec. 385.2 Who is eligible for assistance under these programs?
States and public or nonprofit agencies and organizations, including
Indian tribes and institutions of higher education, are eligible for
assistance under the Rehabilitation Training program.
(Authority: Secs. 7(19) and 302 of the Act; 29 U.S.C. 706(19) and 774)
[59 FR 8345, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.3]
[Page 418-419]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart A_General
Sec. 385.3 What regulations apply to these programs?
The following regulations apply to the Rehabilitation Training
program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
[[Page 419]]
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR part 75 (Direct Grant Programs).
(3) 34 CFR part 77 (Definitions That Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR part 81 (General Education Provisions Act--Enforcement).
(7) 34 CFR part 82 (New Restrictions on Lobbying).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(9) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 385.
(c) The regulations in 34 CFR parts 386, 387, 388, 389, 390, and
396, as appropriate.
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and 774)
[59 FR 8345, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.4]
[Page 419-422]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart A_General
Sec. 385.4 What definitions apply to these programs?
(a) The following definitions in 34 CFR part 77 apply to the
programs under the Rehabilitation Training Program--
Applicant
Application
Award
Budget Period
Department
EDGAR
Nonprofit
Private
Project
Project Period
Public
Secretary
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(b) The following definitions also apply to programs under the
Rehabilitation Training program:
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as
amended.
Assistive technology device means any item, piece of equipment, or
product system, whether acquired commercially off the shelf, modified,
or customized, that is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
Assistive technology service means any service that directly assists
an individual with a disability in the selection, acquisition, or use of
an assistive technology device. The term includes--
(1) The evaluation of the needs of an individual with a disability,
including a functional evaluation of the individual in the individual's
customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition
of assistive technology devices by individuals with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying,
maintaining, repairing, or replacing of assistive technology devices;
(4) Coordinating and using other therapies, interventions, or
services with assistive technology devices, such as those associated
with existing education and rehabilitation plans and programs;
(5) Training or technical assistance for an individual with
disabilities, or, if appropriate, the family of an individual with
disabilities; and
(6) Training or technical assistance for professionals (including
individuals providing education and rehabilitation services), employers,
or other individuals who provide services to, employ, or are otherwise
substantially involved in the major life functions of individuals with
disabilities.
Community rehabilitation program means a program that provides
directly or facilitates the provision of vocational rehabilitation
services to individuals with disabilities, and that provides, singly or
in combination, for an individual with a disability to enable the
individual to maximize opportunities for employment, including career
advancement--
(1) Medical, psychiatric, psychological, social, and vocational
services that are provided under one management;
[[Page 420]]
(2) Testing, fitting, or training in the use of prosthetic and
orthotic devices;
(3) Recreational therapy;
(4) Physical and occupational therapy;
(5) Speech, language, and hearing therapy;
(6) Psychiatric, psychological, and social services, including
positive behavior management;
(7) Assessment for determining eligibility and vocational
rehabilitation needs;
(8) Rehabilitation technology;
(9) Job development, placement, and retention services;
(10) Evaluation or control of specific disabilities;
(11) Orientation and mobility services for individuals who are
blind;
(12) Extended employment;
(13) Psychosocial rehabilitation services;
(14) Supported employment services and extended services;
(15) Services to family members when necessary to the vocational
rehabilitation of the individual;
(16) Personal assistance services; or
(17) Services similar to the services described in paragraphs (1)
through (16) of this definition.
Designated State agency means an agency designated under section
101(a)(1)(A) of the Act.
Designated State unit means (1) Any State agency unit required under
section 101(a)(2)(A) of the Act, or
(2) In cases in which no State agency unit is required, the State
agency described in section 101(a)(2)(B)(i) of the Act.
Independent living core services means--
(1) Information and referral services;
(2) Independent living skills training;
(3) Peer counseling, including cross-disability peer counseling; and
(4) Individual and systems advocacy.
Independent living services includes--
(1) Independent living core services; and
(2)(i) Counseling services, including psychological,
psychotherapeutic, and related services;
(ii) Services related to securing housing or shelter, including
services related to community group living, and supportive of the
purposes of this Act and of the titles of this Act, and adaptive housing
services (including appropriate accommodations to and modifications of
any space used to serve, or occupied by, individuals with disabilities);
(iii) Rehabilitation technology;
(iv) Mobility training;
(v) Services and training for individuals with cognitive and sensory
disabilities, including life skills training, and interpreter and reader
services;
(vi) Personal assistance services, including attendant care and the
training of personnel providing these services;
(vii) Surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
(viii) Consumer information programs on rehabilitation and
independent living services available under this Act, especially for
minorities and other individuals with disabilities who have
traditionally been unserved or underserved by programs under this Act;
(ix) Education and training necessary for living in the community
and participating in community activities;
(x) Supported living;
(xi) Transportation, including referral and assistance for
transportation;
(xii) Physical rehabilitation;
(xiii) Therapeutic treatment;
(xiv) Provision of needed prostheses and other appliances and
devices;
(xv) Individual and group social and recreational services;
(xvi) Training to develop skills specifically designed for youths
who are individuals with disabilities to promote self-awareness and
esteem, develop advocacy and self-empowerment skills, and explore career
options;
(xvii) Services for children;
(xviii) Services under other Federal, State, or local programs
designed to provide resources, training, counseling, or other assistance
of substantial benefit in enhancing the independence, productivity, and
quality of life of individuals with disabilities;
(xvix) Appropriate preventive services to decrease the need of
individuals assisted under this Act for similar services in the future;
[[Page 421]]
(xx) Community awareness programs to enhance the understanding and
integration of individuals with disabilities; and
(xxi) Such other services as may be necessary and not inconsistent
with the provisions of this Act.
Individual with a disability means any individual who--
(1) Has a physical or mental impairment, which for that individual
constitutes or results in a substantial impediment to employment; and
(2) Can benefit in terms of an employment outcome from vocational
rehabilitation services provided pursuant to title I, II, III, VI, or
VIII of the Act.
Individual with a severe disability means an individual with a
disability--
(1) Who has a severe physical or mental impairment that seriously
limits one or more functional capacities (such as mobility,
communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
(2) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(3) Who has one or more physical or mental disabilities resulting
from amputation, arthritis, autism, blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), paraplegia, quadriplegia and other spinal cord conditions,
sickle-cell anemia, specific learning disabilities, end-stage renal
disease, or another disability or combination of disabilities determined
on the basis of an assessment for determining eligibility and vocational
rehabilitation needs.
Institution of higher education has the meaning given the term in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
Personal assistance services means a range of services provided by
one or more persons designed to assist an individual with a disability
to perform daily living activities on or off the job that the individual
would typically perform if the individual did not have a disability. The
services shall be designed to increase the individual's control in life
and ability to perform everyday activities on or off the job.
Qualified personnel: (1) For designated State agencies or designated
State units, means personnel who have met standards that are consistent
with existing national or State approved or recognized certification,
licensing, registration, or other comparable requirements that apply to
the area in which such personnel are providing vocational rehabilitation
services.
(2) For other than designated State agencies or designated State
units, means personnel who have met existing State certification or
licensure requirements, or in the absence of State requirements, have
met professionally accepted requirements established by national
certification boards.
Rehabilitation technology means the systematic application of
technologies, engineering methodologies, or scientific principles to
meet the needs of and address the barriers confronted by individuals
with disabilities in areas that include education, rehabilitation,
employment, transportation, independent living, and recreation. The term
includes rehabilitation engineering, assistive technology devices, and
assistive technology services.
State includes, in addition to each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands and the Republic of Palau
(until the Compact of Free Association with Palau takes effect).
Stipend means financial assistance on behalf of individuals in
support of their training, as opposed to salary payment for services
provided within the project.
Supported employment means--
(1) Competitive work in integrated work settings for individuals
with the most severe disabilities--
(i)(A) For whom competitive employment has not traditionally
occurred; or
[[Page 422]]
(B) For whom competitive employment has been interrupted or
intermittent as a result of a severe disability; and
(ii) Who, because of the nature and severity of their disability,
need intensive supported employment services from the designated State
unit and extended services after transition in order to perform this
work.
(2) Transitional employment for individuals with the most severe
disabilities due to mental illness.
Supported employment services means ongoing support services and
other appropriate services needed to support and maintain an individual
with most severe disability in supported employment, that are--
(1) Provided singly or in combination and are organized and made
available in such a way as to assist an eligible individual in entering
or maintaining integrated, competitive employment;
(2) Based on a determination of the needs of an eligible individual,
as specified in an individualized written rehabilitation program; and
(3) Provided by the designated State unit for a period of time not
to extend beyond 18 months, unless under special circumstances the
eligible individual and the rehabilitation counselor or coordinator
jointly agree to extend the time in order to achieve the rehabilitation
objectives identified in the individualized written rehabilitation
program.
Vocational rehabilitation services means the same as the term is
defined in 34 CFR 369.4(b).
(Authority: Secs. 7, 12(c), and 101(a)(7) of the Act; 29 U.S.C. 706,
711(c), and 721(a)(7))
[45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23, 1985;
53 FR 17146, May 13, 1988; 59 FR 8345, Feb. 18, 1994]
Subpart B [Reserved]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.20]
[Page 422]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart C_How Does One Apply for a Grant?
Sec. 385.20 What are the application procedures for these programs?
The Secretary gives the designated State agency an opportunity to
review and comment on applications submitted from within the State that
it serves. The procedures to be followed by the applicant and the State
are in EDGAR Sec. Sec. 75.155-75.159.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 59 FR 8347, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.31]
[Page 422]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart D_How Does the Secretary Make a Grant?
Sec. 385.31 How does the Secretary evaluate an application?
(a) The Secretary evaluates applications under the procedures in 34
CFR part 75.
(b) The Secretary evaluates each application using selection
criteria identified in parts 386, 387, 388, 389 and 390, as appropriate.
(c) In addition to the selection criteria described in paragraph (b)
of this section, the Secretary evaluates each application using--
(1) Selection criteria in 34 CFR 75.210;
(2) Selection criteria established under 34 CFR 75.209; or
(3) A combination of selection criteria established under 34 CFR
75.209 and selection criteria in 34 CFR 75.210.
(Authority: 29 U.S.C. 711(c))
[62 FR 10404, Mar. 6, 1997]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.33]
[Page 422-423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart D_How Does the Secretary Make a Grant?
Sec. 385.33 What other factors does the Secretary consider in reviewing
an application?
In addition to the selection criteria listed in Sec. 75.210 and
parts 386 through 390, the Secretary, in making awards under this
program, considers such factors as--
(a) The geographical distribution of projects in each Rehabilitation
Training Program category throughout the country; and
(b) The past performance of the applicant in carrying out similar
training activities under previously awarded grants, as indicated by
such factors as compliance with grant conditions,
[[Page 423]]
soundness of programmatic and financial management practices and
attainment of established project objectives.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 62 FR 10404, Mar. 6, 1997]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.40]
[Page 423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.40 What are the requirements pertaining to the membership
of a project advisory committee?
If a project funded under 34 CFR parts 386 through 390 or 396
establishes an advisory committee, its membership must include
individuals with disabilities or parents, family members, guardians,
advocates, or other authorized representatives of the individuals;
members of minority groups; trainees; and providers of vocational
rehabilitation and independent living rehabilitation services.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[59 FR 8347, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.41]
[Page 423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.41 What are the requirements affecting the collection of data
from designated State agencies?
If the collection of data is necessary from individuals with
disabilities being served by two or more designated State agencies or
from employees of two or more of these agencies, the project director
must submit requests for the data to appropriate representatives of the
affected agencies, as determined by the Secretary. This requirement also
applies to employed project staff and individuals enrolled in courses of
study supported under these programs.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988; 59
FR 8347, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.42]
[Page 423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.42 What are the requirements affecting the dissemination of
training materials?
A set of any training materials developed under the Rehabilitation
Training Program must be submitted to any information clearinghouse
designated by the Secretary.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.43]
[Page 423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.43 What requirements apply to the training of rehabilitation
counselors and other rehabilitation personnel?
Any grantee who provides training of rehabilitation counselors or
other rehabilitation personnel under any of the programs in 34 CFR parts
386 through 390 shall train those counselors and personnel on the
services provided under this Act, and, in particular, services provided
in accordance with amendments made by the Rehabilitation Act Amendments
of 1992. The grantee shall also furnish training to these counselors and
personnel regarding the applicability of section 504 of this Act, title
I of the Americans with Disabilities Act of 1990, and the provisions of
titles II and XVI of the Social Security Act that are related to work
incentives for individuals with disabilities.
(Authority: Sec. 302(a)(3) of the Act; 29 U.S.C. 774(a)(3))
[59 FR 8347, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.44]
[Page 423]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.44 What requirement applies to the training of individuals
with disabilities?
Any grantee or contractor who provides training under any of the
programs in 34 CFR parts 386 through 390 and 396 shall give due regard
to the training of individuals with disabilities as part of its effort
to increase the number of qualified personnel available to provide
rehabilitation services.
(Authority: Sec. 302(a)(1) of the Act; 29 U.S.C. 774(a)(1))
[59 FR 8347, Feb. 18, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.45]
[Page 423-424]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.45 What additional application requirements apply to the
training of individuals for rehabilitation careers?
(a) All applicants for a grant or contract to provide training under
any of the programs in 34 CFR parts 386 through 390 and 396 shall
demonstrate how the training they plan to provide
[[Page 424]]
will prepare rehabilitation professionals to address the needs of
individuals with disabilities from minority backgrounds.
(b) All applicants for a grant under any of the programs in 34 CFR
parts 386 through 390 and 396 shall include a detailed description of
strategies that will be utilized to recruit and train persons so as to
reflect the diverse populations of the United States, as part of the
effort to increase the number of individuals with disabilities, and
individuals who are members of minority groups, who are available to
provide rehabilitation services.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Secs. 21(b)(5) and 302(a)(5) of the Act; 29 U.S.C.
718b(b)(6) and 774(a)(6))
[59 FR 8347, Feb. 18, 1994, as amended at 59 FR 33680, June 30, 1994]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR385.46]
[Page 424]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
Subpart E_What Conditions Must Be Met by a Grantee?
Sec. 385.46 What limitations apply to the rate of pay for experts or
consultants appointed or serving under contract under the Rehabilitation
Training program?
An expert or consultant appointed or serving under contract pursuant
to this section shall be compensated at a rate subject to approval of
the Commissioner which shall not exceed the daily equivalent of the rate
of pay for level 4 of the Senior Executive Service Schedule under
section 5382 of title 5, United States Code. Such an expert or
consultant may be allowed travel and transportation expenses in
accordance with section 5703 of title 5, United States Code.
(Authority: Sec. 302(g)(2) of the Act; 29 U.S.C. 774(g)(2))
[59 FR 8347, Feb. 18, 1994]
Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.1]
[Page 424-425]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart A_General
Sec. 386.1 What is the Rehabilitation Long-Term Training program?
Subpart A_General
Sec.
386.1 What is the Rehabilitation Long-Term Training program?
386.2 Who is eligible for an award?
386.3 What regulations apply?
386.4 What definitions apply?
Subpart B [Reserved]
Subpart C_How Does the Secretary Make an Award?
386.20 What additional selection criteria are used under this program?
Subpart D_What Conditions Must Be Met After an Award?
386.30 What are the matching requirements?
386.31 What are the requirements for directing grant funds?
386.32 What are allowable costs?
386.33 What are the requirements for grantees in disbursing
scholarships?
386.34 What assurances must be provided by a grantee that intends to
provide scholarships?
386.35 What information must be provided by a grantee that is an
institution of higher education to assist designated State
agencies?
Subpart E_What Conditions Must Be Met by a Scholar?
386.40 What are the requirements for scholars?
386.41 Under what circumstances does the Secretary grant a deferral or
exception to performance or repayment under a scholarship
agreement?
386.42 What must a scholar do to obtain a deferral or exception to
performance or repayment under a scholarship agreement?
386.43 What are the consequences of a scholar's failure to meet the
terms and conditions of a scholarship agreement?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 59 FR 31066, June 16, 1994, unless otherwise noted.
(a) The Rehabilitation Long-Term Training program provides financial
assistance for--
(1) Projects that provide basic or advanced training leading to an
academic degree in one of those fields of study identified in paragraph
(b) of this section;
(2) Projects that provide a specified series of courses or program
of study leading to award of a certificate in one of those fields of
study identified in paragraph (b) of this section; and
(3) Projects that provide support for medical residents enrolled in
residency
[[Page 425]]
training programs in the specialty of physical medicine and
rehabilitation.
(b) The Rehabilitation Long-Term Training program is designed to
provide academic training in areas of personnel shortages identified by
the Secretary and published in a notice in the Federal Register. These
areas may include--
(1) Vocational rehabilitation counseling;
(2) Rehabilitation technology;
(3) Rehabilitation medicine;
(4) Rehabilitation nursing;
(5) Rehabilitation social work;
(6) Rehabilitation psychiatry;
(7) Rehabilitation psychology;
(8) Rehabilitation dentistry;
(9) Physical therapy;
(10) Occupational therapy;
(11) Speech pathology and audiology;
(12) Physical education;
(13) Therapeutic recreation;
(14) Community rehabilitation program personnel;
(15) Prosthetics and orthotics;
(16) Specialized personnel for rehabilitation of individuals who are
blind or have vision impairment;
(17) Rehabilitation of individuals who are deaf or hard of hearing;
(18) Rehabilitation of individuals who are mentally ill;
(19) Undergraduate education in the rehabilitation services;
(20) Independent living;
(21) Client assistance;
(22) Administration of community rehabilitation programs;
(23) Rehabilitation administration;
(24) Vocational evaluation and work adjustment;
(25) Services to individuals with specific disabilities or specific
impediments to rehabilitation, including individuals who are members of
populations that are unserved or underserved by programs under this Act;
(26) Job development and job placement services to individuals with
disabilities;
(27) Supported employment services, including services of employment
specialists for individuals with disabilities;
(28) Specialized services for individuals with severe disabilities;
(29) Recreation for individuals with disabilities;
(30) The use, applications, and benefits of assistive technology
devices and assistive technology services; and
(31) Other fields contributing to the rehabilitation of individuals
with disabilities.
(Authority: 29 U.S.C. 711 and 771a)
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.2]
[Page 425]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart A_General
Sec. 386.2 Who is eligible for an award?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: 29 U.S.C. 771a(a))
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.2]
[Page 425]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart A_General
Sec. 386.2 Who is eligible for an award?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: 29 U.S.C. 771a(a))
Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.4]
[Page 425-426]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart A_General
Sec. 386.4 What definitions apply?
The following definitions apply to this program:
(a) Definitions in 34 CFR 385.4.
(b) Other definitions. The following definitions also apply to this
part:
Academic year means a full-time course of study--
(1) Taken for a period totaling at least nine months; or
(2) Taken for the equivalent of at least two semesters, two
trimesters, or three quarters.
Certificate means a recognized educational credential awarded by a
grantee under this part that attests to the completion of a specified
series of courses or program of study.
Professional corporation or professional practice means--
(1) A professional service corporation or practice formed by one or
more individuals duly authorized to render the same professional
service, for the purpose of rendering that service; and
(2) The corporation or practice and its members are subject to the
same supervision by appropriate State regulatory agencies as individual
practitioners.
Related agency means--
(1) An American Indian rehabilitation program; or
(2) Any of the following agencies that provide services to
individuals with
[[Page 426]]
disabilities under an agreement with a designated State agency in the
area of specialty for which training is provided:
(i) A Federal, State, or local agency.
(ii) A nonprofit organization.
(iii) A professional corporation or professional practice group.
Scholar means an individual who is enrolled in a certificate or
degree granting course of study in one of the areas listed in Sec.
386.1(b) and who receives scholarship assistance under this part.
Scholarship means an award of financial assistance to a scholar for
training and includes all disbursements or credits for student stipends,
tuition and fees, and student travel in conjunction with training
assignments.
State rehabilitation agency means the designated State agency.
(Authority: 29 U.S.C. 711(c))
Subpart B [Reserved]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.20]
[Page 426]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart C_How Does the Secretary Make an Award?
Sec. 386.20 What additional selection criteria are used under this
program?
In addition to the criteria in 34 CFR 385.31(c), the Secretary uses
the following additional selection criteria to evaluate an application:
(a) Relevance to State-Federal rehabilitation service program. (1)
The Secretary reviews each application for information that shows that
the proposed project appropriately relates to the mission of the State-
Federal rehabilitation service program.
(2) The Secretary looks for information that shows that the project
can be expected either--
(i) To increase the supply of trained personnel available to State
and other public or nonprofit agencies involved in the rehabilitation of
individuals with physical or mental disabilities through degree or
certificate granting programs; or
(ii) To improve the skills and quality of professional personnel in
the rehabilitation field in which the training is to be provided through
the granting of a degree or certificate.
(b) Nature and scope of curriculum. (1) The Secretary reviews each
application for information that demonstrates the adequacy of the
proposed curriculum.
(2) The Secretary looks for information that shows--
(i) The scope and nature of the coursework reflect content that can
be expected to enable the achievement of the established project
objectives;
(ii) The curriculum and teaching methods provide for an integration
of theory and practice relevant to the educational objectives of the
program;
(iii) There is evidence of educationally focused practical and other
field experiences in settings that ensure student involvement in the
provision of vocational rehabilitation, supported employment, or
independent living rehabilitation services to individuals with
disabilities, especially individuals with severe disabilities;
(iv) The coursework includes student exposure to vocational
rehabilitation, supported employment, or independent living
rehabilitation processes, concepts, programs, and services; and
(v) If applicable, there is evidence of current professional
accreditation by the designated accrediting agency in the professional
field in which grant support is being requested.
(Authority: 29 U.S.C. 711(c) and 771a)
[62 FR 10404, Mar. 6, 1997]
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.30]
[Page 426]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart D_What Conditions Must Be Met After an Award?
Sec. 386.30 What are the matching requirements?
The Federal share may not be more than 90 percent of the total cost
of a project under this program. The Secretary may waive part of the
non-Federal share of the cost of the project after negotiations if the
applicant demonstrates that it does not have sufficient resources to
contribute the entire match.
(Authority: 29 U.S.C. 711(c))
[Code of Federal Regulations
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.31]
[Page 426-427]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart D_What Conditions Must Be Met After an Award?
Sec. 386.31 What are the requirements for directing grant funds?
(a) A grantee must use at least 75 percent of the total award for
scholarships as defined in Sec. 386.4.
[[Page 427]]
(b) The Secretary may award grants that use less than 75 percent of
the total award for scholarships based upon the unique nature of the
project, such as the establishment of a new training program or long-
term training in an emerging field that does not award degrees or
certificates.
(c) For multi-year projects in existence on October 1, 1994, the
requirements of paragraph (a) of this section do not apply for the
remainder of the project period.
(Authority: 29 U.S.C. 711(c) and 771a)
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.32]
[Page 427]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart D_What Conditions Must Be Met After an Award?
Sec. 386.32 What are allowable costs?
In addition to those allowable costs established in the Education
Department General Administrative Regulations in 34 CFR 75.530 through
75.562, the following items are allowable under long-term training
projects:
(a) Student stipends.
(b) Tuition and fees.
(c) Student travel in conjunction with training assignments.
(Authority: 29 U.S.C. 711(c) and 771a)
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.34]
[Page 427-429]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart D_What Conditions Must Be Met After an Award?
Sec. 386.34 What assurances must be provided by a grantee that intends
to provide scholarships?
A grantee under this part that intends to grant scholarships for any
academic year beginning after June 1, 1992, shall provide the following
assurances before an award is made:
(a) Requirement for agreement. No individual will be provided a
scholarship without entering into a written agreement containing the
terms and conditions required by this section. An individual will sign
and date the agreement prior to the initial disbursement of scholarship
funds to the individual for payment of the individual's expenses, such
as tuition.
[[Page 428]]
(b) Disclosure to applicants. The terms and conditions of the
agreement that the grantee enters into with a scholar will be fully
disclosed in the application for scholarship.
(c) Form and terms of agreement. Each scholarship agreement with a
grantee will be in the form and contain the terms that the Secretary
requires, including at a minimum the following provisions:
(1) The scholar will--
(i) Maintain employment--
(A) In a nonprofit rehabilitation agency or related agency or in a
State rehabilitation agency or related agency, including a professional
corporation or professional practice group through which the individual
has a service arrangement with the designated State agency;
(B) On a full- or part-time basis; and
(C) For a period of not less than the full-time equivalent of two
years for each year for which assistance under this section was
received, within a period, beginning after the recipient completes the
training for which the scholarship was awarded, of not more than the sum
of the number of years required in this paragraph and two additional
years; and
(ii) Repay all or part of any scholarship received, plus interest,
if the individual does not fulfill the requirements of paragraph
(c)(1(i) of this section, except as the Secretary by regulations may
provide for repayment exceptions and deferrals.
(2) The employment obligation in paragraph (c)(1) of this section as
applied to a part-time scholar will be based on the accumulated academic
years of training for which the scholarship is received.
(3) Until the scholar has satisfied the employment obligation
described in paragraph (c)(1) of this section, the scholar will inform
the grantee of any change of name, address, or employment status and
will document employment satisfying the terms of the agreement.
(4) Subject to the provisions in Sec. 386.41 regarding a deferral
or exception, when the scholar enters repayment status under Sec.
386.43(e), the amount of the scholarship that has not been retired
through eligible employment will constitute a debt owed to the United
States that--
(i) Will be repaid by the scholar, including interest and costs of
collection as provided in Sec. 386.43; and
(ii) May be collected by the Secretary in accordance with 34 CFR
part 30, in the case of the scholar's failure to meet the obligation of
Sec. 386.43.
(d) Executed agreement. The grantee will provide an original
executed agreement upon request to the Secretary.
(e) Standards for satisfactory progress. The grantee will establish,
publish, and apply reasonable standards for measuring whether a scholar
is maintaining satisfactory progress in the scholar's course of study.
The Secretary considers an institution's standards to be reasonable if
the standards--
(1) Conform with the standards of satisfactory progress of the
nationally recognized accrediting agency that accredits the
institution's program of study, if the institution's program of study is
accredited by such an agency, and if the agency has those standards;
(2) For a scholar enrolled in an eligible program who is to receive
assistance under the Rehabilitation Act, are the same as or stricter
than the institution's standards for a student enrolled in the same
academic program who is not receiving assistance under the
Rehabilitation Act; and
(3) Include the following elements:
(i) Grades, work projects completed, or comparable factors that are
measurable against a norm.
(ii) A maximum timeframe in which the scholar shall complete the
scholar's educational objective, degree, or certificate.
(iii) Consistent application of standards to all scholars within
categories of students; e.g., full-time, part-time, undergraduates,
graduate students, and students attending programs established by the
institution.
(iv) Specific policies defining the effect of course incompletes,
withdrawals, repetitions, and noncredit remedial courses on satisfactory
progress.
(v) Specific procedures for appeal of a determination that a scholar
is not making satisfactory progress and for reinstatement of aid.
[[Page 429]]
(f) Exit certification. The grantee has established policies and
procedures for receiving written certification from scholars at the time
of exit from the program acknowledging the following:
(1) The name of the institution and the number of the Federal grant
that provided the scholarship.
(2) The scholar's field of study.
(3) The number of years the scholar needs to work to satisfy the
work requirements in Sec. 386.34(c)(1)(i)(C).
(4) The total amount of scholarship assistance received subject to
the work-or-repay provision in Sec. 386.34(c)(1)(ii).
(5) The time period during which the scholar must satisfy the work
requirements in Sec. 386.34(c)(1)(i)(C).
(6) All other obligations of the scholar in Sec. 386.34.
(g) Tracking system. The grantee has established policies and
procedures to determine compliance of the scholar with the terms of the
agreement. In order to determine whether a scholar has met the work-or-
repay provision in Sec. 386.34(c)(1)(i), the tracking system must
include for each employment position maintained by the scholar--
(1) Documentation of the employer's name, address, dates of the
scholar's employment, and the position the scholar maintained;
(2) Documentation of how the employment meets the requirements in
Sec. 386.34(c)(1)(i); and
(3) Documentation that the grantee, if experiencing difficulty in
locating a scholar, has checked with existing tracking systems operated
by alumni organizations.
(h) Reports. The grantee shall make reports to the Secretary that
are necessary to carry out the Secretary's functions under this part.
(i) Records. The grantee shall maintain the information obtained in
paragraphs (g) and (h) of this section for a period of time equal to the
time required to fulfill the obligation under Sec. 386.34(c)(1)(i)(C).
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 771a(b))
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.35]
[Page 429]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart D_What Conditions Must Be Met After an Award?
Sec. 386.35 What information must be provided by a grantee that is an
institution of higher education to assist designated State agencies?
A grantee that is an institution of higher education provided
assistance under this part shall cooperate with the following requests
for information from a designated State agency:
(a) Information required by section 101(a)(7) of the Act which may
include, but is not limited to--
(1) The number of students enrolled by the grantee in rehabilitation
training programs; and
(2) The number of rehabilitation professionals trained by the
grantee who graduated with certification or licensure, or with
credentials to qualify for certification or licensure, during the past year.
(b) Information on the availability of rehabilitation courses
leading to certification or licensure, or the credentials to qualify for
certification or licensure, to assist State agencies in the planning of
a program of staff development for all classes of positions that are
involved in the administration and operation of the State agency's
vocational rehabilitation program.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 771a)
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.40]
[Page 429-430]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart E_What Conditions Must Be Met by a Scholar?
Sec. 386.40 What are the requirements for scholars?
A scholar--
(a) Shall receive the training at the educational institution or
agency designated in the scholarship; and
(b) Shall not accept payment of educational allowances from any
other Federal, State, or local public or private nonprofit agency if
that allowance conflicts with the individual's obligation under Sec.
386.33(a)(4) or Sec. 386.34(c)(1).
(c) Shall enter into a written agreement with the grantee, before
starting training, that meets the terms and conditions required in Sec.
386.34;
(d) Shall be enrolled in a course of study leading to a certificate
or degree in one of the fields designated in Sec. 386.1(b); and
[[Page 430]]
(e) Shall maintain satisfactory progress toward the certificate or
degree as determined by the grantee.
(Authority: 29 U.S.C. 711(c) and 771a(b))
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.41]
[Page 430]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart E_What Conditions Must Be Met by a Scholar?
Sec. 386.41 Under what circumstances does the Secretary grant a
deferral or exception to performance or repayment under a scholarship
agreement?
A deferral or repayment exception to the requirements of Sec.
386.34(c)(1) may be granted, in whole or part, by the Secretary as
follows:
(a) Repayment is not required if the scholar--
(1) Is unable to continue the course of study or perform the work
obligation because of a disability that is expected to continue
indefinitely or result in death; or
(2) Has died.
(b) Repayment of a scholarship may be deferred during the time the
scholar is--
(1) Engaging in a full-time course of study at an institution of
higher education;
(2) Serving, not in excess of three years, on active duty as a
member of the armed services of the United States;
(3) Serving as a volunteer under the Peace Corps Act;
(4) Serving as a full-time volunteer under title I of the Domestic
Volunteer Service Act of 1973;
(5) Temporarily totally disabled, for a period not to exceed three
years; or
(6) Unable to secure employment as required by the agreement by
reason of the care provided to a disabled spouse for a period not to
exceed 12 months.
(Authority: 29 U.S.C. 771(c) and 771a(b))
Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.42]
[Page 430]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart E_What Conditions Must Be Met by a Scholar?
Sec. 386.42 What must a scholar do to obtain a deferral or exception
to performance or repayment under a scholarship agreement?
To obtain a deferral or exception to performance or repayment under
a scholarship agreement, a scholar shall provide the following:
(a) Written application. A written application must be made to the
Secretary to request a deferral or an exception to performance or
repayment of a scholarship.
(b) Documentation. (1) Documentation must be provided to
substantiate the grounds for a deferral or exception.
(2) Documentation necessary to substantiate an exception under Sec.
386.41(a)(1) or a deferral under Sec. 386.41(b)(5) must include a sworn
affidavit from a qualified physician or other evidence of disability
satisfactory to the Secretary.
(3) Documentation to substantiate an exception under Sec.
386.41(a)(2) must include a death certificate or other evidence
conclusive under State law.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 771a)
[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR386.43]
[Page 430-431]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 386_REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
--Table of Contents
Subpart E_What Conditions Must Be Met by a Scholar?
Sec. 386.43 What are the consequences of a scholar's failure to meet
the terms and conditions of a scholarship agreement?
In the event of a failure to meet the terms and conditions of a
scholarship agreement or to obtain a deferral or an exception as
provided in Sec. 386.41, the scholar shall repay all or part of the
scholarship as follows:
(a) Amount. The amount of the scholarship to be repaid is
proportional to the employment obligation not completed.
(b) Interest rate. The Secretary charges the scholar interest on the
unpaid balance owed in accordance with 31 U.S.C. 3717.
(c) Interest accrual. (1) Interest on the unpaid balance accrues
from the date the scholar is determined to have entered repayment status
under paragraph (e) of this section.
(2) Any accrued interest is capitalized at the time the scholar's
repayment schedule is established.
(3) No interest is charged for the period of time during which
repayment has been deferred under Sec. 386.41.
(d) Collection costs. Under the authority of 31 U.S.C. 3717, the
Secretary may impose reasonable collection costs.
(e) Repayment status. A scholar enters repayment status on the first
day of the first calendar month after the earliest of the following
dates, as applicable:
(1) The date the scholar informs the Secretary he or she does not
plan to fulfill the employment obligation under the agreement.
[[Page 431]]
(2) Any date when the scholar's failure to begin or maintain
employment makes it impossible for that individual to complete the
employment obligation within the number of years required in Sec.
386.34(c)(1).
(f) Amounts and frequency of payment. The scholar shall make
payments to the Secretary that cover principal, interest, and collection
costs according to a schedule established by the Secretary.
(Authority: 29 U.S.C. 711(c) and 771a(b))
(a) Purpose
It is the purpose of this title to authorize grants and contracts to‑‑
(1)(A) provide academic training to ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs (including supported employment programs), through economic and business development programs, through independent living services programs, and through client assistance programs; and
(B) provide training to maintain and upgrade basic skills and knowledge of personnel (including personnel specifically trained to deliver services to individuals with disabilities whose employment outcome is self‑employment or telecommuting) employed to provide state‑of‑the‑art service delivery and rehabilitation technology services;
(2) conduct special projects and demonstrations that expand and improve the provision of rehabilitation and other services (including those services provided through community rehabilitation programs) authorized under this Act, or that otherwise further the purposes of this Act, including related research and evaluation;
(3) provide vocational rehabilitation services to individuals with disabilities who are migrant or seasonal farmworkers;
(4) initiate recreational programs to provide recreational activities and related experiences for individuals with disabilities to aid such individuals in employment, mobility, socialization, independence, and community integration; and
(5) provide training and information to individuals with disabilities and the individuals' representatives, and other appropriate parties to develop the skills necessary for individuals with disabilities to gain access to the rehabilitation system and statewide workforce investment systems and to become active decisionmakers in the rehabilitation process.
(b) Competitive Basis of Grants and Contracts
The Secretary shall ensure that all grants and contracts are awarded under this title on a competitive basis.
Section 302 of the Rehabilitation Act
and Associated Regulations
Sec. 302. Training
(a) Grants and Contracts for Personnel Training
(1) Authority
The Commissioner shall make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations (including institutions of higher education) to pay part of the cost of projects to provide training, traineeships, and related activities, including the provision of technical assistance, that are designed to assist in increasing the numbers of, and upgrading the skills of, qualified personnel (especially rehabilitation counselors) who are trained in providing vocational, medical, social, and psychological rehabilitation services, who are trained to assist individuals with communication and related disorders, who are trained to provide other services provided under this Act, to individuals with disabilities, and who may include‑‑
(A) personnel specifically trained in providing employment assistance to individuals with disabilities through job development and job placement services;
(B) personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with disabilities, including needs for rehabilitation technology;
(C) personnel specifically trained to deliver services to individuals who may benefit from receiving independent living services;
(D) personnel specifically trained to deliver services in the client assistance programs;
(E) personnel specifically trained to deliver services, through supported employment programs, to individuals with a most significant disability; and
(F) personnel specifically trained to deliver services to individuals with disabilities pursuing self‑employment, business ownership, and telecommuting; and
(G) personnel trained in performing other functions necessary to the provision of vocational, medical, social, and psychological rehabilitation services, and other services provided under this Act.
(2) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expended for scholarships and may include necessary stipends and allowances.
(3) Related federal statutes
In carrying out this subsection, the Commissioner may make grants to and enter into contracts with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training regarding provisions of Federal statutes, including section 504, title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and the provisions of titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are related to work incentives for individuals with disabilities.
(4) Training for statewide workforce systems personnel
The Commissioner may make grants to and enter into contracts under this subsection with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training to personnel providing services to individuals with disabilities under title I of the Workforce Investment Act of 1998. Under this paragraph, personnel may be trained‑‑
(A) in evaluative skills to determine whether an individual with a disability may be served by the State vocational rehabilitation program or another component of a statewide workforce investment system; or
(B) to assist individuals with disabilities seeking assistance through one‑stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998.
(5) Joint funding
Training and other activities provided under paragraph (4) for personnel may be jointly funded with the Department of Labor, using funds made available under title I of the Workforce Investment Act of 1998.
(b) Grants and Contracts for Academic Degrees and Academic Certificate Granting Training Projects
(1) Authority
(A) In general
The Commissioner may make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations (including institutions of higher education) to pay part of the costs of academic training projects to provide training that leads to an academic degree or academic certificate. In making such grants or entering into such contracts, the Commissioner shall target funds to areas determined under subsection (e) to have shortages of qualified personnel.
(B) Types of projects
Academic training projects described in this subsection may include‑‑
(i) projects to train personnel in the areas of assisting and supporting individuals with disabilities pursuing self‑employment, business ownership, and telecommuting, and of vocational rehabilitation counseling, rehabilitation technology, rehabilitation medicine, rehabilitation nursing, rehabilitation social work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry, physical therapy, occupational therapy, speech pathology and audiology, physical education, therapeutic recreation, community rehabilitation programs, or prosthetics and orthotics;
(ii) projects to train personnel to provide‑‑
(I) services to individuals with specific disabilities or individuals with disabilities who have specific impediments to rehabilitation, including individuals who are members of populations that are unserved or underserved by programs under this Act;
(II) job development and job placement services to individuals with disabilities;
(III) supported employment services, including services of employment specialists for individuals with disabilities;
(IV) specialized services for individuals with significant disabilities; or
(V) recreation for individuals with disabilities;
(iii) projects to train personnel in other fields contributing to the rehabilitation of individuals with disabilities; and
(iv) projects to train personnel in the use, applications, and benefits of rehabilitation technology.
(2) Application
No grant shall be awarded or contract entered into under this subsection unless the applicant has submitted to the Commissioner an application at such time, in such form, in accordance with such procedures, and including such information as the Secretary may require, including‑‑
(A) a description of how the designated State unit or units will participate in the project to be funded under the grant or contract, including, as appropriate, participation on advisory committees, as practicum sites, in curriculum development, and in other ways so as to build closer relationships between the applicant and the designated State unit and to encourage students to pursue careers in public vocational rehabilitation programs;
(B) the identification of potential employers that provide employment that meets the requirements of paragraph (5)(A)(i); and
(C) an assurance that data on the employment of graduates or trainees who participate in the project is accurate.
(3) Limitation
(A) In general
Except as provided in subparagraph (B), no grant or contract under this subsection may be used to provide any one course of study to an individual for a period of more than 4 years.
(B) Exception
If a grant or contract recipient under this subsection determines that an individual has a disability which seriously affects the completion of training under this subsection, the grant or contract recipient may extend the period referred to in subparagraph (A).
(4) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expanded to provide services that include the provision of scholarships and necessary stipends and allowances.
(5) Agreements
(A) Contents
A recipient of a grant or contract under this subsection shall provide assurances to the Commissioner that each individual who receives a scholarship, for any academic year beginning after June 1, 1992, utilizing funds provided under such grant or contract shall enter into an agreement with the recipient under which the individual shall‑‑
(i) maintain employment‑‑
(I) in a nonprofit rehabilitation agency or related agency or in a State rehabilitation agency or related agency, including a professional corporation or professional practice group through which the individual has a service arrangement with the designated State agency;
(II) on a full‑ or part‑time basis; and
(III) for a period of not less than the full‑time equivalent of 2 years for each year for which assistance under this section was received by the individual, within a period, beginning after the recipient completes the training for which the scholarship was awarded, of not more than the sum of the number of years in the period described in subclause (III) and 2 additional years; and
(ii) repay all or part of any scholarship received, plus interest, if the individual does not fulfill the requirements of clause (i), except as the Commissioner by regulation may provide for repayment exceptions and deferrals.
(B) Enforcement
The Commissioner shall be responsible for the enforcement of each agreement entered into under subparagraph (A) upon completion of the training involved under such subparagraph.
(c) Grants to Historically Black Colleges and Universities
The Commissioner, in carrying out this section, shall make grants to historically Black colleges and universities and other institutions of higher education whose minority student enrollment is at least 50 percent of the total enrollment of the institution.
(d) Application
A grant may not be awarded to a State or other organization under this section unless the State or organization has submitted an application to the Commissioner at such time, in such form, in accordance with such procedures, and containing such information as the Commissioner may require. Any such application shall include a detailed description of strategies that will be utilized to recruit and train individuals so as to reflect the diverse populations of the United States as part of the effort to increase the number of individuals with disabilities, and individuals who are from linguistically and culturally diverse backgrounds, who are available to provide rehabilitation services.
(e) Evaluation and Collection of Data
The Commissioner shall evaluate the impact of the training programs conducted under this section, and collect information on the training needs of, and data on shortages of qualified personnel necessary to provide services to individuals with disabilities. The Commissioner shall prepare and submit to Congress, by September 30 of each fiscal year, a report setting forth and justifying in detail how the funds made available for training under this section for the fiscal year prior to such submission are allocated by professional discipline and other program areas. The report shall also contain findings on such personnel shortages, how funds proposed for the succeeding fiscal year will be allocated under the President's budget proposal, and how the findings on personnel shortages justify the allocations.
| File Type | application/msword |
| Author | Justine.Blanks |
| Last Modified By | Authorised User |
| File Modified | 2010-04-15 |
| File Created | 2010-04-15 |